By SUSAN JONES
The Biden administration’s new Title IX regulations that went into affect at many U.S. colleges and universities in August, but not at Pitt, have now been struck down nationwide in a ruling by a federal judge in Kentucky.
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The new rules had several changes from those implemented in 2020 during the Trump administration, including safeguards for pregnant and parenting students and a broadened the definition of sexual harassment. The rules also would have done away with the live hearing process where the accused could question the complainant in sexual misconduct cases.
But the provisions that led to lawsuits in several states had to do with expanding prohibited sex-based discrimination to include gender identity. It would have made more permanent federal protections for LGTBQ+ students and employees that have gone back and forth during different presidential administrations for over a decade.
The Chronicle of Higher Education reported that Chief Judge Danny C. Reeves of the Eastern District of Kentucky said in his ruling on Jan. 9 that Title IX is limited by its language to protections against discrimination on the basis of sex, and by interpreting that to include gender identity, the U.S. Education Department overstepped its authority.
In June, a federal judge in Kansas blocked the Education Department from enforcing its new regulations in Alaska, Kansas, Utah and Wyoming, which had sued to stop the new rules. He also extended the order to cover any school attended by children of Moms for Liberty members or by members of two other conservative organizations — Young America’s Foundation and Female Athletes United. All three groups also had sued to stop enforcement of the Biden administration rules.
That’s where Pitt and more than 670 other institutions across 50 states — including states, like Pennsylvania, that are not suing the Education Department over the rules — came into the picture.
Vanessa Love, director of Civil Rights & Title IX in Pitt’s Office of Equity, Diversity and Inclusion, said in August that the University fell under the Kansas judge’s injunction because it has a student who is a member of Female Athletes United, which advocates against allowing transgender athletes who were born male to participate in women’s sports.
So for Pitt, this week’s ruling will not bring any changes. There’s a possibility that the Biden administration could appeal, but there are only 10 days until President Biden leaves office.
There is still a policy in place at Pitt, Clyde Wilson Pickett, vice chancellor for equity, diversity and inclusion, emphasized in an August interview. “I don't want folks to think we don't have policy that's guiding our efforts.”
Those policies can be found on the diversity office’s website. In addition to the Title IX rules, Pitt has its own student code of conduct.
Susan Jones is editor of the University Times. Reach her at suejones@pitt.edu or 724-244-4042.
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